Common use of WARRANTY TERMS Clause in Contracts

WARRANTY TERMS. 8.1 PRODUCT WARRANTY - Riverstone warrants that Products purchased under this TellabsAgreement will conform to the Product Specifications applicable as of the date of Tellabs' Order throughout the Warranty Period. 8.2 REPAIR OR REPLACEMENT - Riverstone shall use commercially reasonable efforts to, at its option, repair, replace or issue a credit equal to the purchase price for Products that fail to meet the applicable Product Specifications during the Warranty Period. 8.3 RETURN, REPAIR OR REPLACEMENT PROCEDURES - Products shall be returned for repair or replacement as follows: 8.3.1 Tellabs shall pay all transportation charges for Products returned to Riverstone under these product warranty terms. Riverstone will pay all transportation charges back to the Tellabs or End User. In the event that no warranty repair or replacement is required, Riverstone reserves the right to charge Tellabs for the transportation incurred by Riverstone in returning the Product. 8.3.2 The return of all Products shall be controlled under a Return Material Authorization ("RMA") system maintained by Riverstone. Tellabs must obtain an RMA-number prior to returning any Products to Riverstone and supply Riverstone with the following information: (a) End User identification; (b) Product serial number; and (c) information relating to the failure, including system setup and other failure details. 8.3.3 Returned Products must be packaged and shipped to Riverstone using packing materials sufficient to prevent either accidental opening of the carton or damage to the Product resulting from normal handling during shipment. Tellabs is responsible for shipping charges. Riverstone will pay shipping costs and bear the risk of loss of returning repaired or replaced Products to Tellabs. 8.3.4 If it is not possible to repair or rework the returned Products within fifteen (15) Business Days, a replacement Product will be shipped to Tellabs without cost. If reasonably requested by Tellabs or its customers, Riverstone will provide repair reports for repaired or reworked Products.