Warranty Remedies. 9.1 In the event of breach of any of the warranties in clause 8.1 and 8.2, and without prejudice to any other rights or remedies available to the Buyer (including Buyer’s indemnification rights hereunder), Supplier will, at Buyer’s option and Supplier’s expense, refund the purchase price for, or correct or replace the affected Goods, or re-perform the affected Services, within ten (10) days after notice by the Buyer to Supplier of warranty breach. 9.2 All associated costs, including costs of re-performance, costs to inspect the Goods and/or Services, transport the Goods from Buyer to Supplier, and return shipment to Buyer, and costs resulting from supply chain interruptions, will be borne by Supplier. 9.3 If the Goods are corrected or replaced the warranty in clause 8.1 will continue as to the corrected or replaced Goods for a further Goods Warranty Period commencing on the date of Acceptance of the corrected or replaced Goods by Buyer. If Supplier fails to repair or replace the Goods within the time periods required above, Buyer may repair or replace the Goods at Supplier’s expense. 9.4 In the event that any Goods provided by Supplier to Buyer are subject to a claim or allegation of infringement of Intellectual Property Rights of a third party, Supplier shall, at its own option and expense, without prejudice to any other rights or remedies of the Buyer (including Buyer’s indemnification rights hereunder), promptly provide Buyer with a commercially reasonable alternative, including the procurement for the Buyer of the right to continue using the Goods in question, the replacement of such Goods with a non-infringing alternative satisfactory to the Buyer, or the modification of such Goods (without affecting functionality) to render them non-infringing.
Appears in 4 contracts
Samples: Terms and Conditions, Terms and Conditions, Terms and Conditions
Warranty Remedies. 9.1 In the event of breach of any of the warranties in clause 8.1 and 8.2Section 8.a or 8.b, and without prejudice to any other rights right or remedies remedy available to the Buyer (including Buyer’s indemnification rights hereunder), Supplier will, at Buyer’s option and Supplier’s expense, refund the purchase price for, or correct or replace the affected Goods, or re-perform the affected Services, within ten (1010 day(s) days after notice by the Buyer to Supplier of warranty breach.
9.2 . All associated costs, including costs of re-performance, costs to inspect the Goods and/or Services, transport the Goods from Buyer to Supplier, and return shipment to Buyer, and costs resulting from supply chain interruptions, will be borne by Supplier.
9.3 . If the Goods are corrected or replaced or Services are re-performed, the warranty warranties in clause 8.1 Section 9.a will continue as to the corrected or replaced Goods for a further Goods Warranty Period commencing on the date of Acceptance of the corrected or replaced Goods by Buyer. If Supplier fails to repair or replace the Goods Product within the time periods required above, Buyer may repair or replace the Goods at Supplier’s expense.
9.4 a. In the event that any Goods provided by Supplier to Buyer are subject to a claim or allegation of infringement of Intellectual Property Rights of a third party, Supplier shall, at its own option and expense, without prejudice to any other rights right or remedies remedy of the Buyer (including Buyer’s indemnification rights hereunder), promptly provide Buyer with a commercially reasonable alternative, including the procurement for the Buyer of the right to continue using the Goods in question, the replacement of such Goods with a non-infringing alternative satisfactory to the Buyer, or the modification of such Goods (without affecting functionality) to render them non-infringing.
Appears in 2 contracts
Warranty Remedies. 9.1 a. In the event of breach of any of the warranties in clause 8.1 and 8.2Section a or 9.b, and without prejudice to any other rights right or remedies remedy available to the Buyer (including Buyer’s indemnification rights hereunder), Supplier will, at Buyer’s option and Supplier’s expense, refund the purchase price for, or correct or replace the affected Goods, or re-perform the affected Services, within ten (1010 day(s) days after notice by the Buyer to Supplier of warranty breach.
9.2 . All associated costs, including costs of re-performance, costs to inspect the Goods and/or Services, transport the Goods from Buyer to Supplier, and return shipment to Buyer, and costs resulting from supply chain interruptions, will be borne by Supplier.
9.3 . If the Goods are corrected or replaced or Services are re-performed, the warranty warranties in clause 8.1 Section 9.a will continue as to the corrected or replaced Goods for a further Goods Warranty Period commencing on the date of Acceptance of the corrected or replaced Goods by Buyer. If Supplier fails to repair or replace the Goods Product within the time periods required above, Buyer may repair or replace the Goods at Supplier’s expense.
9.4 b. In the event that any Goods provided by Supplier to Buyer are subject to a claim or allegation of infringement of Intellectual Property Rights of a third party, Supplier shall, at its own option and expense, without prejudice to any other rights right or remedies remedy of the Buyer (including Buyer’s indemnification rights hereunder), promptly provide Buyer with a commercially reasonable alternative, including the procurement for the Buyer of the right to continue using the Goods in question, the replacement of such Goods with a non-infringing alternative satisfactory to the Buyer, or the modification of such Goods (without affecting functionality) to render them non-infringing.
Appears in 1 contract
Samples: Purchase Order Terms and Conditions
Warranty Remedies. 9.1 a. In the event of breach of any of the warranties in clause 8.1 and 8.2Section 9. a or 9.b, and without prejudice to any other rights right or remedies remedy available to the Buyer (including BuyerXxxxx’s indemnification rights hereunder), Supplier will, at Buyer’s option and Supplier’s expense, refund the purchase price for, or correct or replace the affected Goods, or re-perform the affected Services, within ten (1010 day(s) days after notice by the Buyer to Supplier of warranty breach.
9.2 . All associated costs, including costs of re-re- performance, costs to inspect the Goods and/or Services, transport the Goods from Buyer to Supplier, and return shipment to Buyer, and costs resulting from supply chain interruptions, will be borne by Supplier.
9.3 . If the Goods are corrected or replaced or Services are re-performed, the warranty warranties in clause 8.1 Section 9.a will continue as to the corrected or replaced Goods for a further Goods Warranty Period commencing on the date of Acceptance of the corrected or replaced Goods by Buyer. If Supplier fails to repair or replace the Goods Product within the time periods required above, Buyer may repair or replace the Goods at Supplier’s expense.
9.4 b. In the event that any Goods provided by Supplier to Buyer are subject to a claim or allegation of infringement of Intellectual Property Rights of a third party, Supplier shall, at its own option and expense, without prejudice to any other rights right or remedies remedy of the Buyer (including Buyer’s indemnification rights hereunder), promptly provide Buyer with a commercially reasonable alternative, including the procurement for the Buyer of the right to continue using the Goods in question, the replacement of such Goods with a non-infringing alternative satisfactory to the Buyer, or the modification of such Goods (without affecting functionality) to render them non-infringing.
Appears in 1 contract
Samples: Purchase Order Terms and Conditions
Warranty Remedies. 9.1 a. In the event of breach of any of the warranties in clause 8.1 and 8.2, Section 7 and without prejudice to any other rights right or remedies remedy available to the Buyer (including BuyerXxxxx’s indemnification rights hereunder), Supplier will, at Buyer’s option and Supplier’s expense, refund the purchase price for, or correct or replace the affected Goods, or re-perform the affected Services, within ten (1010 day(s) days after notice by the Buyer to Supplier of warranty breach.
9.2 . All associated costs, including costs of re-performance, costs to inspect the Goods and/or Services, transport the Goods from Buyer to Supplier, and return shipment to Buyer, and costs resulting from supply chain interruptions, will be borne by Supplier.
9.3 . If the Goods are corrected or replaced or Services are re-performed, the warranty warranties in clause 8.1 Section 7 will continue as to the corrected or replaced Goods for a further Goods Warranty Period commencing on the date of Acceptance of the corrected or replaced Goods by Buyer. If Supplier fails to repair or replace the Goods Product within the time periods required above, Buyer may repair or replace the Goods at Supplier’s expense.
9.4 b. In the event that any Goods provided by Supplier to Buyer are subject to a claim or allegation of infringement of Intellectual Property Rights of a third party, Supplier shall, at its own option and expense, without prejudice to any other rights right or remedies remedy of the Buyer (including Buyer’s indemnification rights hereunder), promptly provide Buyer with a commercially / government labeled reasonable alternative, including the procurement for the Buyer of the right to continue using the Goods in question, the replacement of such Goods with a non-infringing alternative satisfactory to the Buyer, or the modification of such Goods (without affecting functionality) to render them non-non- infringing.
Appears in 1 contract
Samples: Purchase Agreement
Warranty Remedies. 9.1 a. In the event of breach of any of the warranties in clause 8.1 and 8.2Section a or 9.b, and without prejudice to any other rights right or remedies remedy available to the Buyer (including Buyer’s indemnification rights hereunder), Supplier will, at Buyer’s option and Supplier’s expense, refund the purchase price for, or correct or replace the affected Goods, or re-perform the affected Services, within ten (1010 day(s) days after notice by the Buyer to Supplier of warranty breach.
9.2 . All associated costs, including costs of re-performance, costs to inspect the Goods and/or Services, transport the Goods from Buyer to Supplier, and return shipment to Buyer, and costs resulting from supply chain interruptions, will be borne by Supplier.
9.3 . If the Goods are corrected or replaced or Services are re-performed, the warranty warranties in clause 8.1 Section 9.a will continue as to the corrected or replaced Goods for a further Goods Warranty Period commencing on the date of Acceptance of the corrected or replaced Goods by Buyer. If Supplier fails to repair or replace the Goods Product within the time periods required above, Buyer may repair or replace the Goods at Supplier’s expense.
9.4 b. In the event that any Goods provided by Supplier to Buyer are subject to a claim or allegation of infringement of Intellectual Property Rights of a third party, Supplier shall, at its own option and expense, without prejudice to any other rights right or remedies remedy of the Buyer (including Buyer’s indemnification rights hereunder), promptly provide Buyer with a commercially reasonable alternative, including the procurement for the Buyer of the right to continue using the Goods in question, the replacement of such Goods with a non-non- infringing alternative satisfactory to the Buyer, or the modification of such Goods (without affecting functionality) to render them non-infringing.
Appears in 1 contract
Samples: Purchase Order Terms and Conditions
Warranty Remedies. 9.1 a. In the event of breach of any of the warranties in clause 8.1 and 8.2Section a or 9.b, and without prejudice to any other rights right or remedies remedy available to the Buyer (including Buyer’s indemnification rights hereunder), Supplier will, at Buyer’s option and Supplier’s expense, refund the purchase price for, or correct or replace the affected Goodsgoods, or re-perform the affected Servicesservices, within ten (1010 day(s) days after notice by the Buyer to Supplier of warranty breach.
9.2 . All associated costs, including costs of re-re- performance, costs to inspect the Goods goods and/or Servicesservices, transport the Goods goods from Buyer to Supplier, and return shipment to Buyer, and costs resulting from supply chain interruptions, will be borne by Supplier.
9.3 . If the Goods goods are corrected or replaced or services are re-performed, the warranty warranties in clause 8.1 Section 9.a will continue as to the corrected or replaced Goods for a further Goods Warranty Period goods warranty period commencing on the date of Acceptance acceptance of the corrected or replaced Goods goods by Buyer. If Supplier fails to repair or replace the Goods product within the time periods required above, Buyer may repair or replace the Goods goods at Supplier’s expense.
9.4 b. In the event that any Goods goods provided by Supplier to Buyer are subject to a claim or allegation of infringement of Intellectual Property Rights property rights of a third party, Supplier shall, at its own option and expense, without prejudice to any other rights right or remedies remedy of the Buyer (including Buyer’s indemnification rights hereunder), promptly provide Buyer with a commercially reasonable alternative, including the procurement for the Buyer of the right to continue using the Goods goods in question, the replacement of such Goods goods with a non-infringing alternative satisfactory to the Buyer, or the modification of such Goods goods (without affecting functionality) to render them non-infringing.
Appears in 1 contract
Samples: Purchase Order Agreement
Warranty Remedies. 9.1 a. In the event of breach of any of the warranties in clause 8.1 and 8.2Section 11.a or 11.b, and without prejudice to any other rights right or remedies remedy available to the Buyer (including BuyerXxxxx’s indemnification rights hereunder), Supplier will, at Buyer’s option and Supplier’s expense, refund the purchase price for, or correct or replace the affected Goods, or re-perform the affected Services, within ten (1010 day(s) days after notice by the Buyer to Supplier of warranty breach.
9.2 . All associated costs, including costs of re-performance, costs to inspect the Goods and/or Services, transport the Goods from Buyer to Supplier, and return shipment to Buyer, and costs resulting from supply chain interruptions, will be borne by Supplier.
9.3 . If the Goods are corrected or replaced or Services are re-performed, the warranty warranties in clause 8.1 Section 12.a will continue as to the corrected or replaced Goods for a further Goods Warranty Period commencing on the date of Acceptance of the corrected or replaced Goods by Buyer. If Supplier fails to repair or replace the Goods Product within the time periods required above, Buyer may repair or replace the Goods at Supplier’s expense.
9.4 b. In the event that any Goods provided by Supplier to Buyer are subject to a claim or allegation of infringement of Intellectual Property Rights of a third party, Supplier shall, at its own option and expense, without prejudice to any other rights right or remedies remedy of the Buyer (including Buyer’s indemnification rights hereunder), promptly provide Buyer with a commercially reasonable alternative, including the procurement for the Buyer of the right to continue using the Goods in question, the replacement of such Goods with a non-infringing alternative satisfactory to the Buyer, or the modification of such Goods (without affecting functionality) to render them non-infringing.
Appears in 1 contract
Samples: Purchase Order Agreement
Warranty Remedies. 9.1 a. In the event of breach of any of the warranties in clause 8.1 and 8.2Section 9 (a) or 9 (b), and without prejudice to any other rights right or remedies remedy available to the Buyer Purchaser (including Buyerthe Purchaser’s indemnification rights hereunder), Supplier the Contractor will, at Buyerthe Purchaser’s option and Supplierthe Contractor’s expense, refund the purchase price for, or correct or replace the affected Goods, or re-perform the affected Associated Services, within ten (1010 calendar day(s) days after written notice by the Buyer Purchaser to Supplier the Contractor of warranty breach.
9.2 . All associated costs, including costs of re-performance, costs to inspect the Goods and/or and /or Associated Services, transport the Goods from Buyer the Purchaser to Supplierthe Contractor, and return shipment to Buyerthe Purchaser, and costs resulting from supply chain interruptions, will be borne by Supplier.
9.3 the Contractor. If the Goods are corrected or replaced or Associated Services are re-performed, the warranty warranties in clause 8.1 Section 9(a) and 9(b) will continue as to the corrected or replaced Goods for a further Goods Warranty Period commencing on the date of Acceptance of the corrected or replaced Goods by BuyerPurchaser. If Supplier the Contractor fails to repair or replace the Goods within the time periods required above, Buyer the Purchaser may repair or replace the Goods at Supplierthe Contractor’s expense.
9.4 b. In the event that any Goods provided by Supplier the Contractor to Buyer the Purchaser are subject to a claim or allegation of infringement of Intellectual Property Rights of a third party, Supplier the Contractor shall, at its own option and expense, without prejudice to any other rights right or remedies remedy of the Buyer Purchaser (including Buyerthe Purchaser’s indemnification rights hereunder), promptly provide Buyer the Purchaser with a commercially reasonable alternative, including the procurement for the Buyer Purchaser of the right to continue using the Goods in question, the replacement of such Goods with a non-infringing alternative satisfactory to the BuyerPurchaser, or the modification of such Goods (without affecting functionality) to render them non-non- infringing.
Appears in 1 contract
Samples: Corporate Supply Arrangement
Warranty Remedies. 9.1 a. In the event of breach of any of the warranties in clause 8.1 and 8.2section 9(a) or 9(b), and without prejudice to any other rights right or remedies remedy available to the Buyer Purchaser (including Buyerthe Purchaser’s indemnification rights hereunder), Supplier the Contractor will, at Buyerthe Purchaser’s option and Supplierthe Contractor’s expense, refund the purchase price for, or correct or replace the affected Goods, or re-perform the affected Associated Services, within ten (1010 calendar day(s) days after written notice by the Buyer Purchaser to Supplier the Contractor of warranty breach.
9.2 . All associated costs, including costs of re-performance, costs to inspect the Goods and/or and /or Associated Services, transport the Goods from Buyer the Purchaser to Supplierthe Contractor, and return shipment to Buyerthe Purchaser, and costs resulting from supply chain interruptions, will be borne by Supplier.
9.3 the Contractor. If the Goods are corrected or replaced or Associated Services are re-performed, the warranty warranties in clause 8.1 section 9(a) and 9(b) will continue as to the corrected or replaced Goods for a further Goods Warranty Period commencing on the date of Acceptance of the corrected or replaced Goods by Buyerthe Purchaser. If Supplier the Contractor fails to repair or replace the Goods within the time periods required above, Buyer the Purchaser may repair or replace the Goods at Supplierthe Contractor’s expense.
9.4 b. In the event that any Goods provided by Supplier the Contractor to Buyer the Purchaser are subject to a claim or allegation of infringement of Intellectual Property Rights of a third party, Supplier the Contractor shall, at its own option and expense, without prejudice to any other rights right or remedies remedy of the Buyer Purchaser (including Buyerthe Purchaser’s indemnification rights hereunder), promptly provide Buyer the Purchaser with a commercially reasonable alternative, including the procurement for the Buyer Purchaser of the right to continue using the Goods in question, the replacement of such Goods with a non-infringing alternative satisfactory to the BuyerPurchaser, or the modification of such Goods (without affecting functionality) to render them non-non- infringing.
Appears in 1 contract
Samples: Corporate Supply Arrangement
Warranty Remedies. 9.1 a. In the event of breach of any of the warranties in clause 8.1 and 8.2Section a or 9.b, and without prejudice to any other rights right or remedies remedy available to the Buyer (including BuyerXxxxx’s indemnification rights hereunder), Supplier will, at Buyer’s option and Supplier’s expense, refund the purchase price for, or correct or replace the affected Goods, or re-perform the affected Services, within ten (1010 day(s) days after notice by the Buyer to Supplier of warranty breach.
9.2 . All associated costs, including costs of re-performance, costs to inspect the Goods and/or Services, transport the Goods from Buyer to Supplier, and return shipment to Buyer, and costs resulting from supply chain interruptions, will be borne by Supplier.
9.3 . If the Goods are corrected or replaced or Services are re-performed, the warranty warranties in clause 8.1 Section 9.a will continue as to the corrected or replaced Goods for a further Goods Warranty Period commencing on the date of Acceptance of the corrected or replaced Goods by Buyer. If Supplier fails to repair or replace the Goods Product within the time periods required above, Buyer may repair or replace the Goods at Supplier’s expense.
9.4 b. In the event that any Goods provided by Supplier to Buyer are subject to a claim or allegation of infringement of Intellectual Property Rights of a third party, Supplier shall, at its own option and expense, without prejudice to any other rights right or remedies remedy of the Buyer (including Buyer’s indemnification rights hereunder), promptly provide Buyer with a commercially reasonable alternative, including the procurement for the Buyer of the right to continue using the Goods in question, the replacement of such Goods with a non-infringing alternative satisfactory to the Buyer, or the modification of such Goods (without affecting functionality) to render them non-infringing.
Appears in 1 contract
Samples: Purchase Order Agreement
Warranty Remedies. 9.1 a. In the event of breach of any of the warranties in clause 8.1 and 8.2Section a or 9.b, and without prejudice to any other rights right or remedies remedy available to the Buyer (including Buyer’s indemnification rights hereunder), Supplier will, at Buyer’s option and Supplier’s expense, refund the purchase price for, or correct or replace the affected Goods, or re-perform the affected Services, within ten (1010 day(s) days after notice by the Buyer to Supplier of warranty breach.
9.2 . All associated costs, including costs of re-re- performance, costs to inspect the Goods and/or Services, transport the Goods from Buyer to Supplier, and return shipment to Buyer, and costs resulting from supply chain interruptions, will be borne by Supplier.
9.3 . If the Goods are corrected or replaced or Services are re-performed, the warranty warranties in clause 8.1 Section 9.a will continue as to the corrected or replaced Goods for a further Goods Warranty Period commencing on the date of Acceptance of the corrected or replaced Goods by Buyer. If Supplier fails to repair or replace the Goods Product within the time periods required above, Buyer may repair or replace the Goods at Supplier’s expense.
9.4 b. In the event that any Goods provided by Supplier to Buyer are subject to a claim or allegation of infringement of Intellectual Property Rights of a third party, Supplier shall, at its own option and expense, without prejudice to any other rights right or remedies remedy of the Buyer (including Buyer’s indemnification rights hereunder), promptly provide Buyer with a commercially reasonable alternative, including the procurement for the Buyer of the right to continue using the Goods in question, the replacement of such Goods with a non-infringing alternative satisfactory to the Buyer, or the modification of such Goods (without affecting functionality) to render them non-infringing.
Appears in 1 contract
Samples: Purchase Order Agreement
Warranty Remedies. 9.1 a In the event of breach of any of the warranties in clause 8.1 and 8.2Section a or 9.b, and without prejudice to any other rights right or remedies remedy available to the Buyer (including Buyer’s indemnification rights hereunder), Supplier will, at Buyer’s option and Supplier’s expense, refund the purchase price for, or correct or replace the affected affected Goods, or re-perform the affected affected Services, within ten (1010 day(s) days after notice by the Buyer to Supplier of warranty breach.
9.2 . All associated costs, including costs of re-performance, costs to inspect the Goods and/or Services, transport the Goods from Buyer to Supplier, and return shipment to Buyer, and costs resulting from supply chain interruptions, will be borne by Supplier.
9.3 . If the Goods are corrected or replaced or Services are re- performed, the warranty warranties in clause 8.1 Section 9.a will continue as to the corrected or replaced Goods for a further Goods Warranty Period commencing on the date of Acceptance of the corrected or replaced Goods by Buyer. If Supplier fails to repair or replace the Goods Product within the time periods required above, Buyer may repair or replace the Goods at Supplier’s expense.
9.4 . b In the event that any Goods provided by Supplier to Buyer are subject to a claim or allegation of infringement of Intellectual Property Rights of a third party, Supplier shall, at its own option and expense, without prejudice to any other rights right or remedies remedy of the Buyer (including BuyerXxxxx’s indemnification rights hereunder), promptly provide Buyer with a commercially reasonable alternative, including the procurement for the Buyer of the right to continue using the Goods in question, the replacement of such Goods with a non-infringing alternative satisfactory to the Buyer, or the modification of such Goods (without affecting affecting functionality) to render them non-infringing.
Appears in 1 contract
Samples: Purchase Order Terms and Conditions
Warranty Remedies. 9.1 a. In the event of breach of any of the warranties in clause 8.1 and 8.2Section a or 9.b, and without prejudice to any other rights right or remedies remedy available to the Buyer (including Buyer’s indemnification rights hereunder), Supplier will, at Buyer’s option and Supplier’s expense, refund the purchase price for, or correct or replace the affected Goods, or re-perform the affected Services, within ten (1010 day(s) days after notice by the Buyer to Supplier of warranty breach.
9.2 . All associated costs, including costs of re-performance, costs to inspect the Goods and/or Services, transport the Goods from Buyer to Supplier, and return shipment to Buyer, and costs resulting from supply chain interruptions, will be borne by Supplier.
9.3 . If the Goods are corrected or replaced or Services are re-performed, the warranty warranties in clause 8.1 Section 9.a will continue as to the corrected or replaced Goods for a further Goods Warranty Period commencing on the date of Acceptance of the corrected or replaced Goods by Buyer. If Supplier fails to repair or replace the Goods Product within the time periods required above, Buyer may repair or replace the Goods at Supplier’s expense.
9.4 b. In the event that any Goods provided by Supplier to Buyer are subject to a claim or allegation of infringement of Intellectual Property Rights of a third party, Supplier shall, at its own option and expense, without prejudice to any other rights right or remedies remedy of the Buyer (including BuyerXxxxx’s indemnification rights hereunder), promptly provide Buyer with a commercially reasonable alternative, including the procurement for the Buyer of the right to continue using the Goods in question, the replacement of such Goods with a non-non- infringing alternative satisfactory to the Buyer, or the modification of such Goods (without affecting functionality) to render them non-infringing.
Appears in 1 contract
Samples: Purchase Order Terms and Conditions