WARRANTY ON REPAIRS. All materials, labor and service provided under this Agreement are warranted to be free of defects in material or workmanship for the longer of the term of this Agreement or ninety (90) days from the date provided. PREDICTIVE MAINTENANCE SCHEDULE. Bayer shall perform Predictive Maintenance on the Product(s) during the hours of 8:00 AM and 5:00 PM, Monday through Friday (PM Hours) unless otherwise indicated in the terms of this Agreement. For Injector and Monitor Products, Bayer will perform Predictive Maintenance within the first sixty (60) days of the effective date of this Agreement or within twelve (12) months from the last PM provided by Bayer, unless otherwise agreed. Predictive Maintenance performed outside of PM Hours will be charged at one and one-half (1.5) times Bayer’s contract service rate, or two (2) times the contract rate for weekends and holidays. WARRANTY EXCLUSIONS EXCEPTIONS TO SERVICE WARRANTY AND ENHANCEMENT WARRANTY
WARRANTY ON REPAIRS. All materials, labor and service provided under this Agreement are warranted to be free of defects in material or workmanship for the longer of the term of this Agreement or ninety (90) days from the date provided. UP-TIME. For any calendar quarter during the term of this service agreement, the Product(s), will maintain a level of uptime equal to or greater than 97%. PREDICTIVE MAINTENANCE SCHEDULE. Bayer shall perform Predictive Maintenance on the Product(s) during the hours of 6:00 AM to 11:00 PM, Monday through Friday (PM Hours) unless otherwise indicated in the terms of this Agreement. For Injector and Monitor Products, Bayer will perform Predictive Maintenance within the first sixty (60) days of the effective date of the Agreement or within twelve (12) months from the last PM provided by Bayer, unless otherwise agreed. Predictive Maintenance performed outside of PM Hours will be charged at one and one-half (1.5) times Bayer’s contract service rate or two (2) times the contract service rate for weekends and holidays. WARRANTY EXCLUSIONS
WARRANTY ON REPAIRS. All materials, labor and service provided under this Agreement are warranted to be free of defects in material or workmanship for ninety (90) days from the date provided. PREDICTIVE MAINTENANCE SCHEDULE. Bayer shall perform Predictive Maintenance on the Product(s) during the hours of 6:00 AM and 11:00 PM, Monday through Friday (PM Hours) unless otherwise indicated in the terms of this Agreement. For Injector and Monitor Products, Bayer will perform Predictive Maintenance within the first sixty (60) days of the effective date of the Agreement or within twelve (12) months from the last PM provided by Bayer, unless otherwise agreed. Predictive Maintenance performed outside of PM Hours will be charged at one and one-half times Bayer’s contract service rate, or two (2) times the contract service rate for weekends and holidays. WARRANTY EXCLUSIONS
WARRANTY ON REPAIRS. If WISTRON performs repair, WISTRON will provide a 90 day warranty to XPLORE on the components or Subassemblies repaired or replaced by WISTRON, or until the end of the original warranty period, whichever is longer
WARRANTY ON REPAIRS. All materials, labor and service provided hereunder are warranted to be free of defects in material or workmanship for ninety (90) days from the date provided. EXCEPT AS PROVIDED IN THE ABOVE WARRANTY SECTION, BAYER EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED. IN NO EVENT SHALL BAYER BE LIABLE FOR ANY LOST PROFITS OR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR OPERATIONS OF BAYER’S PRODUCT OR SERVICE. IN NO EVENT IS BAYER RESPONSIBLE FOR DAMAGES THAT EXCEED THE PAYMENT, IF ANY, RECEIVED BY BAYER FOR THE PRODUCT OR SERVICE FURNISHED, OR TO BE FURNISHED, PURSUANT TO THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSIONS ON LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS.
WARRANTY ON REPAIRS. Buyer shall warrant all repairs performed by it or on its behalf pursuant to Section 6.7 to be free from defects or failures for a minimum of one year for repair or replacement, at Company's option.
WARRANTY ON REPAIRS. All materials, labor and service provided under this Agreement are warranted to be free of defects in material or workmanship for ninety (90) days from the date provided. SERVICE PARTS AND LABOR CHARGES. Parts will be provided for all service calls free of charge; labor and travel will be billed at Bayer’s contract service rate. PREDICTIVE MAINTENANCE SCHEDULE
WARRANTY ON REPAIRS. All materials, labour and service provided hereunder are warranted to be free of defects in material or workmanship for the longer of the term of this Agreement or ninety (90) days from the date provided. FULL WARRANTY PERIOD. There will be no charge, for the period stated on the Agreement, for any action (parts, labor, travel) deemed necessary by Bayer to service the equipment, excluding those items listed under “Exceptions.” Bayer will perform on-site corrective maintenance during normal working hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding Bayer observed holidays. Buyer shall pay, as an additional charge for on-site Corrective Maintenance, all field labour and travel time, outside normal hours at Bayer’s current service rates, including any appropriate premiums.
WARRANTY ON REPAIRS. All materials, labor and service provided under this Agreement are warranted to be free of defects in material or workmanship for the longer of the term of this Agreement or ninety (90) days from the date provided. WARRANTY EXCLUSIONS
WARRANTY ON REPAIRS. The following warranties will apply to repairs:
i) As to a defect in material or workmanship or conformance to the Order, a repair will be free of such defects for the remainder of the initial Warranty Period set forth in the Agreement or for period of ninety (90) days from the date of return shipment of the repaired Product by Supplier to Buyer, whichever ends later.
ii) Buyer shall notify Supplier, in writing, of any alleged claim or defect within ten (10) business days from the date Buyer discovers, or upon reasonable inspection should have discovered, such alleged claim or defect (but in any event before the expiration of the initial Warranty Period).
iii) Buyer shall arrange for the return of such defective Product pursuant to the Return Material Authorization (“RMA”) number to be obtained by contacting Supplier, and ship at its expense and risk of loss, such Products to Supplier’s premises for inspection and testing by Supplier.
iv) if Supplier’s inspection and testing reveals that such Products are defective and any such defect has not been caused or contributed to by any of the factors described under Section 2 above, Supplier shall in its sole discretion and at its expense, repair or replace such defective Products.
v) if Supplier’s inspection and testing finds no such defect (“No Fault Found, or NFF”), the fees for the NFF shall be charged to Buyer at the rate of six-hundred US dollars (US$600) per Product unit or at Supplier’s then-current rate; and
vi) except for the NFF Products, Supplier shall ship to Buyer, at Supplier’s expense and risk of loss, the repaired or replaced Products to a location designated by Buyer. In no event shall Buyer or its Customers reconstruct, repair, alter or replace any Product, in whole or in part, either itself or by or through any third party. SUBJECT TO SECTION 11.1 OF THE AGREEMENT AND SECTION 2 OF THIS EXHIBIT C, THIS SECTION 4 OF EXHIBIT C SETS FORTH BUYER’S SOLE REMEDY AND SUPPLIER’S ENTIRE LIABILITY UNDER THE AGREEMENT OR THE PSA FOR ANY BREACH OF THE PRODUCT WARRANTY SET FORTH IN SECTION 1 ABOVE.
