Common use of Whole Unit Replacement; Failure to Return; Service Part Ownership Clause in Contracts

Whole Unit Replacement; Failure to Return; Service Part Ownership. If Supplier determines that a component of the defective Client Product is one that is easily disconnected and reconnected, or if the Supplier analyst determines that the Client Product is one that should be replaced as a whole Client Product, Supplier reserves the right to send OEM a component or whole replacement Client Product, as applicable. If Supplier delivers either a whole replacement Client Product or a component of a Client Product to OEM, OEM must return the defective Client Product or component to Supplier within ten days of receiving the replacement, unless OEM has purchased “Keep Your Hard Drive” for the affected Client Product. In that event, OEM may retain the applicable hard drive(s). Supplier will own all Supplier components removed from the Client Products and whole Client Products that OEM returns to Supplier. If OEM keeps a component or whole Client Product after Supplier has replaced it, then OEM must pay Supplier the then-current retail price for the component or whole Client Product, as applicable, that OEM keeps (except for hard drives from Client Products covered by “Keep Your Hard Drive” service). .Supplier will invoice OEM for the whole Client Product or components that OEM keeps and OEM will pay Supplier’s invoice within ten days of receipt. If OEM does not pay Supplier’s invoice within ten days after receipt, in addition to any other legal rights and remedies available to Supplier, Supplier may terminate the applicable Service Description by providing written notice to OEM. Supplier uses and OEM expressly authorizes the use of new and reconditioned parts made by various manufacturers in performing repairs and in providing replacement parts. The obligation to return Supplier components removed from the Client Products do not apply to OEMs that retain hard drives who have purchased “Keep Your Hard Drive” for the affected Client Product. In that event, OEM’s service levels and obligations are governed by the Keep Your Hard Drive Service Agreement.

Whole Unit Replacement; Failure to Return; Service Part Ownership. If Supplier determines that a component of the defective Client Networking Product or Server Product is one that is easily removed and replaced or disconnected and reconnected, or if the Supplier analyst determines that the Client Networking Product or Server Product is one that should be replaced as a whole Client Productsystem, Supplier reserves the right to send OEM a component or whole replacement Client Networking Product or Server Product, as applicable. If Supplier delivers either a whole replacement Client Product Networking Product, Server Product, or a component of a Client Product either to OEM, OEM must return the defective Client Product Networking Product, or component Server Product, or component, as applicable, to Supplier within ten days of receiving the replacement, unless OEM has purchased “Keep Your Hard Drive” for the affected Client Networking Product or Server Product. In that event, OEM may retain the applicable respective hard drive(s). Supplier will own all Supplier components removed from the Client Networking Products or Server Products and whole Client Networking Products or Server Products that OEM returns to Supplier. If OEM keeps a component or whole Client Networking Product or Server Product after Supplier has replaced it, then OEM must pay Supplier the then-current retail price for the component or whole Client Networking Product or Server Product, as applicable, that OEM keeps (except for hard drives from Client Networking Product or Server Products covered by “Keep Your Hard Drive” service). .Supplier Supplier will invoice OEM for the whole Client Product Networking Product, Server Product, or components that OEM keeps and OEM will pay Supplier’s invoice within ten days of receipt. If OEM does not pay Supplier’s invoice within ten days after receipt, in addition to any other legal rights and remedies available to Supplier, Supplier may terminate the applicable Service Description by providing written notice to OEM. Supplier uses and OEM expressly authorizes the use of new and reconditioned parts made by various manufacturers in performing repairs and in providing replacement parts. The obligation to return Supplier components removed from the Client Products do not apply to OEMs that retain hard drives who have purchased “Keep Your Hard Drive” for the affected Client Product. In that event, OEM’s service levels and obligations are governed by the Keep Your Hard Drive Service Agreementrepairs.

Whole Unit Replacement; Failure to Return; Service Part Ownership. If Supplier determines that a component of the defective Client Networking Product or Server Product is one that is easily removed and replaced or disconnected and reconnected, or if the Supplier analyst determines that the Client Networking Product or Server Product is one that should be replaced as a whole Client Productsystem, Supplier reserves the right to send OEM Customer a component or whole replacement Client Networking Product or Server Product, as applicable. If Supplier delivers either a whole replacement Client Product Networking Product, Server Product, or a component of a Client Product either to OEMCustomer, OEM Customer must return the defective Client Product Networking Product, or component Server Product, or component, as applicable, to Supplier within ten days of receiving the replacement, unless OEM Customer has purchased “Keep Your Hard Drive” for the affected Client Networking Product or Server Product. In that event, OEM Customer may retain the applicable respective hard drive(s). Supplier will own all Supplier components removed from the Client Networking Products or Server Products and whole Client Networking Products or Server Products that OEM Customer returns to Supplier. If OEM Customer keeps a component or whole Client Networking Product or Server Product after Supplier has replaced it, then OEM Customer must pay Supplier the then-current retail price for the component or whole Client Networking Product or Server Product, as applicable, that OEM Customer keeps (except for hard drives from Client Networking Product or Server Products covered by “Keep Your Hard Drive” service). .Supplier Supplier will invoice OEM Customer for the whole Client Product Networking Product, Server Product, or components that OEM Customer keeps and OEM Customer will pay Supplier’s invoice within ten days of receipt. If OEM Customer does not pay Supplier’s invoice within ten days after receipt, in addition to any other legal rights and remedies available to Supplier, Supplier may terminate the applicable Service Description by providing written notice to OEMCustomer. Supplier uses and OEM Customer expressly authorizes the use of new and reconditioned parts made by various manufacturers in performing repairs and in providing replacement parts. The obligation to return Supplier components removed from the Client Products do not apply to OEMs that retain hard drives who have purchased “Keep Your Hard Drive” for the affected Client Product. In that event, OEM’s service levels and obligations are governed by the Keep Your Hard Drive Service Agreementrepairs.

Whole Unit Replacement; Failure to Return; Service Part Ownership. If Supplier determines that a component of the defective Client Networking Product or Server Product is one that is easily removed and replaced or disconnected and reconnected, or if the Supplier analyst determines that the Client Networking Product or Server Product is one that should be replaced as a whole Client Productsystem, Supplier reserves the right to send OEM a component or whole replacement Client Networking Product or Server Product, as applicable. If Supplier delivers either a whole replacement Client Product Networking Product, Server Product, or a component of a Client Product either to OEM, OEM must return the defective Client Product Networking Product, or component Server Product, or component, as applicable, to Supplier within ten days of receiving the replacement, unless OEM has purchased “Keep Your Hard Drive” for the affected Client Networking Product or Server Product. In that event, OEM may retain the applicable respective hard drive(s). Supplier will own all Supplier components removed from the Client Networking Products or Server Products and whole Client Networking Products or Server Products that OEM returns to Supplier. If OEM keeps a component or whole Client Networking Product or Server Product after Supplier has replaced it, then OEM must pay Supplier the then-current retail price for the component or whole Client Networking Product or Server Product, as applicable, that OEM keeps (except for hard drives from Client Networking Product or Server Products covered by “Keep Your Hard Drive” service). .Supplier Supplier will invoice OEM for the whole Client Product Networking Product, Server Product, or components that OEM keeps keeps, and OEM will pay Supplier’s invoice within ten days of receipt. If OEM does not pay Supplier’s invoice within ten days after receipt, in addition to any other legal rights and remedies available to Supplier, Supplier may terminate the applicable Service Description by providing written notice to OEM. Supplier uses and OEM expressly authorizes the use of new and reconditioned parts made by various manufacturers in performing repairs and in providing replacement parts. The obligation to return Supplier components removed from the Client Products do not apply to OEMs that retain hard drives who have purchased “Keep Your Hard Drive” for the affected Client Product. In that event, OEM’s service levels and obligations are governed by the Keep Your Hard Drive Service Agreementrepairs.

Whole Unit Replacement; Failure to Return; Service Part Ownership. If Supplier determines that a component of the defective Client Product is one that is easily disconnected and reconnected, or if the Supplier analyst determines that the Client Product is one that should be replaced as a whole Client Product, Supplier reserves the right to send OEM Customer a component or whole replacement Client Product, as applicable. If Supplier delivers either a whole replacement Client Product or a component of a Client Product to OEMCustomer, OEM Customer must return the defective Client Product or component to Supplier within ten days of receiving the replacement, unless OEM Customer has purchased “Keep Your Hard Drive” for the affected Client Product. In that event, OEM Customer may retain the applicable hard drive(s). Supplier will own all Supplier components removed from the Client Products and whole Client Products that OEM Customer returns to Supplier. If OEM Customer keeps a component or whole Client Product after Supplier has replaced it, then OEM Customer must pay Supplier the then-current retail price for the component or whole Client Product, as applicable, that OEM Customer keeps (except for hard drives from Client Products covered by “Keep Your Hard Drive” service). .Supplier will invoice OEM Customer for the whole Client Product or components that OEM Customer keeps and OEM Customer will pay Supplier’s invoice within ten days of receipt. If OEM Customer does not pay Supplier’s invoice within ten days after receipt, in addition to any other legal rights and remedies available to Supplier, Supplier may terminate the applicable Service Description by providing written notice to OEMCustomer. Supplier uses and OEM Customer expressly authorizes the use of new and reconditioned parts made by various manufacturers in performing repairs and in providing replacement parts. The obligation to return Supplier components removed from the Client Products do not apply to OEMs Customers that retain hard drives who have purchased “Keep Your Hard Drive” for the affected Client Product. In that event, OEMCustomer’s service levels and obligations are governed by the Keep Your Hard Drive Service Agreement.