Common use of Warranty Remedies Clause in Contracts

Warranty Remedies. Customer shall notify Service Provider without undue delay of any alleged Defects of the Service in writing, including a description of the alleged Defect, where the term Defect shall mean a material deviation of the warranty pursuant to section 7.1 above. All legitimate Defects will be cured by the Service Provider within a reasonable time as set forth by Service Provider; Service Provider may decide at its sole discretion whether to cure a given Defect by means of repair (e.g. workaround) or replacement delivery. Service Provider may also cure a Defect by using remote means and for this purpose may remotely access Customer Data, systems and/or devices. If Service Provider is unable to cure the Defect within the reasonable time, the Customer may (i) request a reasonable reduction of the Subscription Fee for the Services or (ii), if Service Provider has failed to cure the same Defect for two consecutive times within the reasonable time, either Party may terminate the Agreement with immediate effect. In such case, Customer may also claim damages subject to section 8.

Appears in 5 contracts

Samples: And Services Subscription Agreement, Software and Services Subscription Agreement, Software and Services Subscription Agreement

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Warranty Remedies. Customer shall notify Service Provider without with undue delay of any alleged Defects of the Service in writing, including a description of the alleged Defect, where the term Defect shall mean a material deviation of the warranty pursuant to section 7.1 above. All legitimate Defects will be cured by the Service Provider within a reasonable time as set forth by Service Provider; Service Provider may decide at its sole discretion whether to cure a given Defect by means of repair (e.g. workaround) or replacement delivery. Service Provider may also cure a Defect by using remote means and for this purpose may remotely access Customer Data, systems and/or devices. If Service Provider is unable to cure the Defect within the reasonable time, the Customer may (i) request a reasonable reduction of the Subscription Fee for the Services or (ii), if Service Provider has failed to cure the same Defect for two consecutive times within the reasonable time, either Party may terminate the Agreement with immediate effect. In such case, Customer may also claim damages subject to section 8.

Appears in 4 contracts

Samples: Software and Services Subscription Agreement, And Services Subscription Agreement, And Services Subscription Agreement

Warranty Remedies. Customer shall promptly notify Service Provider without undue delay of any alleged Defects of the Service in writing, including a description of the alleged Defect, where the term Defect shall mean a material deviation of the warranty pursuant to section 7.1 above. All legitimate Defects will be cured by the Service Provider within a reasonable time as set forth by Service Provider; Service Provider may decide at its sole discretion whether to cure a given Defect by means of repair (e.g. workaround) or replacement delivery. Service Provider may also cure a Defect by using remote means and for this purpose may remotely access Customer Data, systems and/or devices. If Service Provider is unable to cure the Defect within the reasonable time, the Customer may (i) request a reasonable reduction of the Subscription Fee for the Services or (ii), if Service Provider has failed to cure the same Defect for two consecutive times within the reasonable time, either Party may terminate the Agreement with immediate effect. In such case, Customer may also claim damages subject to section 8.

Appears in 4 contracts

Samples: And Services Subscription Agreement, And Services Subscription Agreement, www.hilti.ca

Warranty Remedies. Customer shall promptly notify Service Provider without undue delay of any alleged Defects of the Service in writing, including a description of the alleged Defect, where the term Defect shall mean a material deviation of the warranty pursuant to section 7.1 above. All legitimate Defects will be cured by the Service Provider within a reasonable time as set forth by Service Provider; Service Provider may decide at its sole discretion whether to cure a given Defect by means of repair (e.g. workaround) or replacement delivery. Service Provider may also cure a Defect by using remote means and for this purpose may remotely access Customer Data, systems and/or devices. If Service Provider is unable to cure the Defect within the reasonable time, the Customer may (i) request a reasonable reduction of the Subscription Fee for the Services or (ii), if Service Provider has failed to cure the same Defect for two consecutive times within the reasonable time, either Party may terminate the Agreement with immediate effect. In such case, Customer may also claim damages subject to section 8.8.‌

Appears in 3 contracts

Samples: Subscription Agreement, Software and Services Subscription Agreement, Subscription Agreement

Warranty Remedies. Customer shall notify Service Provider without with undue delay of any alleged Defects of the Service in writing, including a description of the alleged Defect, where the term Defect shall mean a material deviation of the warranty pursuant to section 7.1 above. All legitimate Defects will be cured by the Service Provider within a reasonable time as set forth by Service Provider; Service Provider may decide at its sole discretion whether to cure a given Defect by means of repair (e.g. workaround) or replacement delivery. Service Provider may also cure a Defect by using remote means and for this purpose may remotely access Customer Data, systems and/or devices. If Service Provider is unable to cure the Defect within the reasonable time, the Customer may (i) request a reasonable reduction of the Subscription Fee for the Services or (ii), if Service Provider has failed to cure the same Defect for two consecutive times within the reasonable time, either Party may terminate the Agreement with immediate effect. In such case, Customer may also claim damages subject to section 8.8.‌

Appears in 1 contract

Samples: Software and Services Subscription Agreement

Warranty Remedies. Customer shall notify Service Provider without with undue delay of any alleged Defects of the Service in writing, including a description of the alleged Defect, where the term Defect shall mean a material deviation of the warranty pursuant to section 7.1 above. All legitimate Defects will be cured by the Service Provider within a reasonable time as set forth by Service Provider; Service Provider may decide at its sole discretion whether to cure a given Defect by means of repair (e.g. workaround) or replacement delivery. Service Provider may also cure a Defect by using remote means and for this purpose may remotely access Customer Data, systems and/or devices. If Service Provider is unable to cure the Defect within the reasonable time, the Customer may (i) request a reasonable reduction of the Subscription Fee for the Services or (ii), if Service Provider has failed to cure the same Defect for two consecutive times within the reasonable time, either Party may terminate the Agreement with immediate effect. In such case, Customer may also claim damages subject to section 8.effect.‌

Appears in 1 contract

Samples: Software and Services Subscription Agreement

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Warranty Remedies. Customer shall notify Service Provider without with undue delay of any alleged Defects of the Service in writing, including a description of the alleged Defect, where the term Defect shall mean a material deviation of the warranty pursuant to section 7.1 above. All legitimate Defects will be cured by the Service Provider within a reasonable time as set forth by Service Provider; Service Provider may decide at its sole discretion whether to cure a given Defect by means of repair (e.g. workaround) or replacement delivery. Service Provider may also cure a Defect by using remote means and for this purpose may remotely access Customer Data, systems and/or devices. If Service Provider is unable to cure the Defect within the reasonable time, the Customer may (i) request a reasonable reduction of the Subscription Fee for the Services or (ii), if Service Provider has failed to cure the same Defect for two consecutive times within the reasonable time, either Party may terminate the Agreement as of right ("de plein droit") and without any judicial formalities, with immediate effect. In such case, Customer may also claim damages subject to section 8.8.‌

Appears in 1 contract

Samples: Subscription Agreement

Warranty Remedies. Customer shall promptly notify Service Provider without undue delay of any alleged Defects of the Service in writing, including a description of the alleged Defect, where the term Defect shall mean a material deviation of the warranty pursuant to section 7.1 above. All legitimate Defects will be cured by the Service Provider within a reasonable time as set forth by Service Provider; Service Provider may decide at its sole discretion whether to cure a given Defect by means of repair (e.g. workaround) or replacement delivery. Service Provider may also cure a Defect by using remote means and for this purpose may remotely access Customer Data, systems and/or devices. If Service Provider is unable to cure the Defect within the reasonable time, the Customer may (i) request a reasonable reduction of the Subscription Fee for the Services or (ii), if Service Provider has failed to cure the same Defect for two consecutive times within the reasonable time, either Party may terminate the Agreement with immediate effect. In such case, Customer may also claim damages subject to section 8.. 8. Limitation of Liability 8.1

Appears in 1 contract

Samples: Kaispe Subscription Agreement

Warranty Remedies. Customer shall notify Service Provider without with undue delay of any alleged Defects of the Service in writing, including a description descrip tion of the alleged Defect, where the term Defect shall mean a material deviation of the warranty pursuant to section 7.1 above. All legitimate Defects will be cured by the Service Provider within a reasonable time as set forth by Service Provider; Service Provider may decide at its sole discretion whether to cure a given Defect by means of repair (e.g. workaround) or replacement delivery. Service Provider may also cure a Defect by using remote means and for this purpose may remotely access Customer Data, systems and/or devices. If Service Provider is unable to cure the Defect within the reasonable time, the Customer may (i) request a reasonable reduction of the Subscription Fee for the Services or (ii), if Service Provider has failed to cure the same Defect for two consecutive times within the reasonable time, either Party may terminate the Agreement with immediate effect. In such case, Customer may also claim damages subject to section 8.

Appears in 1 contract

Samples: And Services Subscription Agreement

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