Common use of WARRANTY TERMS Clause in Contracts

WARRANTY TERMS. 15.1 The Seller shall provide warranty for the quality of the Equipment 15.1.1 for a period of 36 months (or 1-billion pulses, whatever comes first) in case of the Laser; 15.1.2 for a period of 24 months in case of the UHV system and 15.1.3 for a period of 12 months in case of the following parts of the UHV system: electronics and power supplies, electron gun, heating parts, pumps, valves and motors. 15.2 The warranty term shall commence on the day following the date of signing of the Handover Protocol pursuant to Section 10.4 hereof. The warranty does not cover consumablethings. 15.3 Should the Buyer discover a defect, he shall notify the Seller to rectify such defect using the e-mail address: xxxxxx@xxxxxx.xx. The Seller is obliged to notify the Buyer without delay about any change of this email address. The Seller shall be obliged to review any warranty claim within 3 business days of receipt and propose a solution and, if necessary, arrange a technician visit of a technician within 5 business days of receipt of the warranty claim, unless agreed otherwise by the Parties. 15.4 During the warranty period, the Seller shall be obliged to rectify any claimed defects within 30 days from receipt of the Buyer’s notification. In cases of unusual defects, the Seller shall be obliged to rectify the defect in the period corresponding to the nature of the defect and to define the deadline for the handover of the rectified Equipment. 15.5 During the warranty period, any and all costs associated with defect rectification / repair including transport and travel expenses of the Seller shall be always borne by the Seller. 15.6 The repaired Equipment shall be handed over by the Seller to the Buyer on the basis of a protocol confirming removal of the defect (hereinafter the “Repair Protocol”) containing confirmations of both Parties that the Equipment was duly repaired and isdefect-free. 15.7 The repaired portion of the Equipment shall be subject to a new warranty term in accordance with Section 15.1 which commences to run on the day following the date when the Repair Protocol was executed. 15.8 If the Equipment show defects for which it cannot be demonstrably used in full for more than 60 days (defect period) within six or less consecutive months of the warranty period, the Seller is obliged to remove the defect by delivering new Equipment without defect within 90 days from the date of dispatch of the invitation to deliver, unless the Parties agree otherwise. 15.9 The Seller declares that he shall ensure paid post-warranty [out-of-warranty] service for the period of 10 years after the expiration of the warranty; the service terms shall be identical to those of Sections 15.3 and 15.4. 15.10 The Seller undertakes to provide the Buyer with updates of the software controlling the Equipment for the entire term of warranty service.

Appears in 1 contract

Samples: Purchase Contract

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WARRANTY TERMS. 15.1 The Seller shall provide warranty for the quality of the Equipment 15.1.1 for a period of 36 months (or 1-billion pulses, whatever comes first) in case of the Laser; 15.1.2 Equipment for a period of 24 months in case of the UHV system and 15.1.3 for a period of 12 months in case of the following parts of the UHV system: electronics and power supplies, electron gun, heating parts, pumps, valves and motorsmonths. 15.2 The warranty term shall commence on the day following the date of signing of the Handover Protocol pursuant to Section 10.4 hereof. The warranty does not cover consumablethingsconsumable things. 15.3 Should the Buyer discover a defect, he shall notify the Seller to rectify such defect using the e-mail address: xxxxxx@xxxxxx.xx. The Seller is obliged to notify the Buyer without delay about any change of this email address. The Seller shall be obliged to review any warranty claim within 3 business days of from its receipt and to propose a solution and, if necessary, arrange a technician visit of a technician within 5 business days of receipt of the warranty claimsolution, unless agreed otherwise by the Parties. 15.4 During the warranty period, period the Seller shall be obliged to rectify any claimed defects within 30 14 business days from receipt of the Buyer’s notification. In cases of unusual defects, the Seller shall be obliged to rectify the defect in the period corresponding to the nature of the defect and to define the deadline for the handover of the rectified Equipment. 15.5 During the warranty period, period any and all costs associated with defect rectification / repair including transport and travel expenses of the Seller shall be always borne by the Seller. 15.6 The repaired Equipment shall be handed over by the Seller to the Buyer on the basis of a protocol confirming removal of the defect (hereinafter the “Repair Protocol”) containing confirmations of both Parties that the Equipment was duly repaired and isdefectis defect-free. 15.7 The repaired portion of the Equipment shall be subject to a new warranty term in accordance with Section 15.1 which commences to run on the day following the date when the Repair Protocol was executed. However, the aggregate warranty period shall not exceed 48 months. 15.8 If the Equipment show defects for which it cannot be demonstrably used in full for more than 60 days (defect period) within six or less consecutive months of the warranty period, the Seller is obliged to remove the defect by delivering new Equipment without defect within 90 days from the date of dispatch of the invitation to deliver, unless the Parties agree otherwise. 15.9 The Seller declares that he shall ensure paid post-warranty [out-of-warranty] service for the period of 10 years after the expiration of the warranty; the service terms shall be identical to those of Sections 15.3 and 15.4. 15.10 15.9 The Seller undertakes to provide the Buyer with updates of the software controlling the Equipment for the entire term of warranty service.

Appears in 1 contract

Samples: Purchase Contract

WARRANTY TERMS. 15.1 The Seller shall provide warranty for the quality of the Equipment 15.1.1 for a period of 36 months (or 1-billion pulses, whatever comes first) in case of the Laser; 15.1.2 Equipment for a period of 24 months in case of the UHV system and 15.1.3 for a period of 12 months in case of the following parts of the UHV system: electronics and power supplies, electron gun, heating parts, pumps, valves and motors. 15.2 months. The warranty term shall commence on the day following the date of signing of the Handover Protocol acceptance protocol pursuant to Section 10.4 10.5 hereof. The warranty does not cover consumablethingsconsumable things. 15.3 15.2 Should the Buyer discover a defect, he shall notify the Seller to rectify such defect using the e-mail address: xxxxxx@xxxxxx.xx. The Seller is obliged to notify the Buyer without delay about any change of this email address. The Seller shall be obliged to review any warranty claim within 3 business days of receipt and propose a solution and, if necessary, arrange a technician visit of a technician within 5 business days of receipt of the warranty claim, unless agreed otherwise by the Partiesaddress xxxx@xxxxxxxx.xxx. 15.4 15.3 During the warranty period, period the Seller shall be obliged to rectify any claimed defects within 30 days 1 month from receipt of the Buyer’s notification. In cases of unusual defects, the Seller shall be obliged to rectify the defect in the period corresponding to the nature of the defect and to define the deadline for the handover of the rectified Equipment. 15.5 15.4 During the warranty period, period any and all costs associated with defect rectification / repair including transport and travel expenses of the Seller shall be always borne by the Seller. 15.6 15.5 The repaired Equipment shall be handed over by the Seller to the Buyer on the basis of a protocol confirming removal of the defect (hereinafter the “Repair Protocol”) containing confirmations of both Parties that the Equipment was duly repaired and isdefectis defect-free. 15.7 15.6 The repaired portion of the Equipment shall be subject to a new warranty term in accordance with Section 15.1 15.1, which commences to run on the day following the date when the Repair Protocol was executed. 15.8 If the Equipment show defects for which it cannot be demonstrably used in full for more than 60 days (defect period) within six or less consecutive months of the warranty period, the Seller is obliged to remove the defect by delivering new Equipment without defect within 90 days from the date of dispatch of the invitation to deliver, unless the Parties agree otherwise. 15.9 15.7 The Seller declares that he shall ensure paid post-warranty [out-of-warranty] service for the period of 10 5 years after the expiration of the warrantywarranty term expires; the service terms shall be identical to those with provisions of Sections 15.3 15.2 and 15.415.3. 15.10 15.8 The Seller undertakes to provide the Buyer with updates of the software controlling the Equipment for the entire term of warranty service.

Appears in 1 contract

Samples: Purchase Contract

WARRANTY TERMS. 15.1 14.1 The Seller shall provide warranty for the quality of the Equipment 15.1.1 for a period of 36 months (or 1-billion pulses, whatever comes first) in case of the Laser; 15.1.2 Equipment for a period of 24 months in case of the UHV system and 15.1.3 for a period of 12 months in case of the following parts of the UHV system: electronics and power supplies, electron gun, heating parts, pumps, valves and motors. 15.2 months. The warranty term shall commence on the day following the date of signing of the Handover Protocol acceptance protocol pursuant to Section 10.4 9.5 hereof. The warranty does not cover consumablethingsconsumable things. 15.3 14.2 Should the Buyer discover a defect, he shall notify the Seller to rectify such defect using the e-mail email address: xxxxxx@xxxxxx.xx. The Seller is obliged to notify the Buyer without delay about any change of this email address. The Seller shall be obliged to review any warranty claim within 3 business days of receipt and propose a solution and, if necessary, arrange a technician visit of a technician within 5 business days of receipt of the warranty claim, unless agreed otherwise by the Partiesx.xxxxxxxxxx@xxxx-xx.xxx. 15.4 During the warranty period, the 14.3 The Seller shall be obliged to rectify any claimed defects within 30 days from receipt of the Buyer’s notification. In cases of unusual defects, the Seller shall be obliged to rectify the defect in the period corresponding to the nature of the defect and to define the deadline for the handover of the rectified Equipment. 15.5 14.4 During the warranty period, period any and all costs associated with defect rectification / repair including transport and travel expenses of the Seller shall be always borne by the Seller. 15.6 14.5 The repaired Equipment shall be handed over by the Seller to the Buyer on the basis of a protocol confirming removal of the defect (hereinafter the “Repair Protocol”) containing confirmations of both Parties that the Equipment was duly repaired and isdefectis defect-free. 15.7 14.6 The repaired portion of the Equipment shall be subject to a new warranty term in accordance with Section 15.1 14.1, which commences to run on the day following the date when the Repair Protocol was executed, provided, however, that the aggregate warranty period shall under no circumstances exceed 36 months. 15.8 If the Equipment show defects for which it cannot be demonstrably used in full for more than 60 days (defect period) within six or less consecutive months of the warranty period, the Seller is obliged to remove the defect by delivering new Equipment without defect within 90 days from the date of dispatch of the invitation to deliver, unless the Parties agree otherwise. 15.9 The Seller declares that he shall ensure paid post-warranty [out-of-warranty] service for the period of 10 years after the expiration of the warranty; the service terms shall be identical to those of Sections 15.3 and 15.4. 15.10 14.7 The Seller undertakes to provide the Buyer with updates of the software controlling the Equipment for the entire term of warranty service.

Appears in 1 contract

Samples: Purchase Contract

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WARRANTY TERMS. 15.1 The Seller shall provide warranty for the quality of the Equipment 15.1.1 for a period of 36 months (or 1-billion pulses, whatever comes first) in case of the Laser; 15.1.2 for a period of 24 months in case of the UHV system and 15.1.3 for a period of 12 months in case of the following parts of the UHV system: electronics and power supplies, electron gun, heating parts, pumps, valves and motors. 15.2 60 months. The warranty term period shall commence on the day following the date of signing of the Handover Protocol pursuant to Section 10.4 hereof. . 15.2 The warranty does not cover consumablethingscovers the wear-out of SSDs and any HDDs. 15.3 Should The Seller undertakes to provide service support under the Buyer discover a defect, he shall notify 8x5xNBD On-Site (NBD = Next Business Day) during the warranty period. Replacement of defective components is obligatory for the Seller to rectify such defect using perform only at the e-mail address: xxxxxx@xxxxxx.xxplace of installation of the Equipment. The repair time may not exceed 14 calendar days for compute nodes and 3 business days for other components. Seller is obliged to notify deliver a replacement HW before removing the Buyer without delay about any change of this email address. The Seller shall be obliged to review any warranty claim within 3 business days of receipt and propose a solution and, if necessary, arrange a technician visit of a technician within 5 business days of receipt of the warranty claim, unless agreed otherwise by the PartiesHW claimed. 15.4 During The defect notification address is xxxxxxx@xxxxxxxxxx.xx. The notification is effective at the warranty period, the Seller shall be obliged to rectify any claimed defects within 30 days from receipt moment of the Buyer’s notification. In cases of unusual defects, the Seller shall be obliged to rectify the defect in the period corresponding to the nature of the defect and to define the deadline for the handover of the rectified Equipmentits sending. 15.5 During Any component which carries its own warranty shall have the warranty period, any period for the period specified therein but at least for the period defined in 15.1. 15.6 Any and all costs associated with defect rectification / repair including transport and travel expenses of the Seller shall be always borne by the Seller. 15.6 15.7 The repaired Equipment shall be handed over by the Seller to the Buyer on the basis of a protocol confirming removal of the defect (hereinafter the “Repair Protocol”) containing confirmations of both Parties that the Equipment was duly repaired and isdefectis defect-free. 15.7 15.8 The repaired portion of the Equipment shall be subject to a new warranty term in accordance with Section 15.1 15.1, which commences to run on the day following the date when the Repair Protocol was executed. 15.8 If 15.9 Should the Equipment show suffer from defects which make it demonstrably unusable for which it cannot be demonstrably used in full for more than a period exceeding 60 days (defect period) within during any six (or less fewer) consecutive months of during the warranty periodterm, the Seller is shall be obliged to remove the rectify such defect by delivering new defect-free Equipment without defect in accordance with Section 2106(1)(a) of the Civil Code within 90 60 days from the date of dispatch of the invitation Seller was called upon to deliverdeliver the new Equipment. The Equipment is demonstrably unusable, unless when the Parties agree otherwise. 15.9 The Seller declares that he shall ensure paid post-warranty [out-of-warranty] service for technical parameters or other conditions required in the period of 10 years after technical specification defined in Annex No. 1 and 2 hereto and in the expiration of the warranty; the service terms shall be identical to those of Sections 15.3 and 15.4relevant valid technical standards are not met. 15.10 In the case of system upgrade in accordance with Section 11., all the warranty terms herein shall remain valid. In the event that the system upgrade is performed by another qualified person, this warranty shall not cover any new components installed as a result of this upgrade. If the Seller refuses to perform a warranty repair due to a defective upgrade performed by a qualified person, he is required to specify the upgrade defect in sufficient detail. The Seller undertakes burden of proof to provide prove defective performance lies with the Buyer with updates of the software controlling the Equipment for the entire term of warranty serviceSeller.

Appears in 1 contract

Samples: Purchase Contract

WARRANTY TERMS. 15.1 14.1 The Seller shall provide warranty for the quality of the Equipment 15.1.1 for a period of 36 months (or 1-billion pulses, whatever comes first) in case of the Laser; 15.1.2 Equipment for a period of 24 months in case of the UHV system and 15.1.3 for a period of 12 months in case of the following parts of the UHV system: electronics and power supplies, electron gun, heating parts, pumps, valves and motors. 15.2 months. The warranty term shall commence on the day following the date of signing of the Handover Protocol acceptance protocol pursuant to Section 10.4 9.5 hereof. The warranty does not cover consumablethingsconsumable things. 15.3 14.2 Should the Buyer discover a defect, he shall notify the Seller to rectify such defect using the e-mail address: xxxxxx@xxxxxx.xx. The Seller is obliged to notify the Buyer without delay about any change of this email address. : 14.3 The Seller shall be obliged to review any warranty claim within 3 business days of receipt and propose a solution and, if necessary, arrange a technician visit of a technician within 5 business days of receipt of the warranty claim, unless agreed otherwise by the Parties. 15.4 During the warranty period, the Seller shall be obliged to rectify any claimed defects within 30 days from receipt of the Buyer’s notification. In cases of unusual defects, the Seller shall be obliged to rectify the defect in the period corresponding to the nature of the defect and to define the deadline for the handover of the rectified Equipment. 15.5 14.4 During the warranty period, period any and all costs associated with defect rectification / repair including transport and travel expenses of the Seller shall be always borne by the Seller. 15.6 14.5 The repaired Equipment shall be handed over by the Seller to the Buyer on the basis of a protocol confirming removal of the defect (hereinafter the “Repair Protocol”) containing confirmations of both Parties that the Equipment was duly repaired and isdefectis defect-free. 15.7 14.6 The repaired portion of the Equipment shall be subject to a new warranty term in accordance with Section 15.1 14.1, which commences to run on the day following the date when the Repair Protocol was executed, provided, however, that the aggregate warranty period shall under no circumstances exceed 36 months. 15.8 If the Equipment show defects for which it cannot be demonstrably used in full for more than 60 days (defect period) within six or less consecutive months of the warranty period, the Seller is obliged to remove the defect by delivering new Equipment without defect within 90 days from the date of dispatch of the invitation to deliver, unless the Parties agree otherwise. 15.9 The Seller declares that he shall ensure paid post-warranty [out-of-warranty] service for the period of 10 years after the expiration of the warranty; the service terms shall be identical to those of Sections 15.3 and 15.4. 15.10 14.7 The Seller undertakes to provide the Buyer with updates of the software controlling the Equipment for the entire term of warranty service.

Appears in 1 contract

Samples: Purchase Contract

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