Vendor Warranty definition

Vendor Warranty is defined in Section 10(a)(ii).

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Vendor Warranty means any one of them; and

Vendor Warranty. With regards to the LumiraDx Instrument for a period of [***] from date of the original purchase or upgrade, as applicable, and with regards to the COVID-19 Test Strips and Combination Test Strips as per their referenced shelf life, LumiraDx warrants, to CVS, as the original purchaser whether purchased directly or through its designated distributor, that each Product shall be (i) of good quality and free of material defects, (ii) function in accordance with the material specifications referenced in the Product Insert or Instrument User Manual, and (iii) approved by the proper governmental agencies required for the sale of products for their intended use (the “limited warranty”). If any Product fails to meet the requirements of the applicable limited warranty, then, LumiraDx shall either repair or replace, at LumiraDx’s discretion, the Product as applicable. Except for the limited warranty stated in this section, LumiraDx disclaims any and all warranties, express or implied, including but not limited to, any warranty of merchantability and fitness for a particular purpose regarding the Product. The limited warranty above shall not apply if the customer has subjected the LumiraDx Instrument, COVID-19 Test Strips or Combination Test Strips to physical abuse, misuse, abnormal use, use inconsistent with the LumiraDx Instrument User Manual or Product Insert, fraud, ACTIVE/115958600.3 tampering, unusual physical stress, negligence or accidents. Unused strips must be stored according to the required storage conditions as printed in this product insert and they can be used only up to the expiry date printed on the Test Strip pouch and Test Strip box. Any warranty claims by CVS pursuant to the limited warranty shall be made in writing within the applicable limited warranty period. In the event a Product does not conform to the Product Warranty in any respect, Vendor shall, either: (i) accept return of the defective Product and repair or have repaired the defective Product; or (ii) accept return of the defective Product and provide a replacement Product to CVS. Vendor shall bear the direct costs and expenses of repair and replacement, and Vendor will take all necessary steps to provide repaired or replacement Products to CVS or its designated distributor.

Examples of Vendor Warranty in a sentence

• Except as provided in the Vendor Warranty Back-up provisions in Paragraph F.

• If Seller does not sell the Vendor-Warranty Product through Seller’s Retail Businesses, the duration and coverage of the Vendor Warranty will be no less favorable to Buyer’s customers than the duration and coverage of the most-favorable-to-customer warranty provided by Vendor for the Vendor-Warranty Product when sold by Vendor to its other customers.

• If Seller also sells the Vendor-Warranty Product through Seller’s Retail Businesses, the duration and coverage of the Vendor Warranty will be no less favorable to Buyer’s customers than the duration and coverage of the Vendor Warranty that the Vendor includes with the Vendor-Warranty Product sold by Seller’s Retail Businesses.

• Seller will provide the Product Services in accordance with the terms of the Seller Warranty and the Vendor Warranty.

• The Vendor Warranties shall be administered in accordance with the terms of the Vendor Warranty Manual.

• The Seller shall require Vendors or Suppliers of equipment installed in the Aircraft to offer Warranty protection in respect of such equipment and the Seller undertakes to assign to the Buyer the benefits of such Warranties and to furnish a Vendor Warranty Manual incorporating all such Warranties.

• In the event that (i) any Vendor, under any standard warranty obtained by Seller and set out in the Vendor Warranty Manual, defaults in the performance of any material obligation in respect of such standard warranty and (ii) Buyer submits to Seller reasonable proof that such default has occurred, then Seller’s Warranty shall apply to such defect to the same extent as if it was a defect to a Seller Part.

• Seller warrants that Buyer will be entitled to the benefit thereof in accordance with the terms and conditions of the Vendor Warranty Manual.

• Seller shall, at the time of delivery of the Aircraft, supply to Buyer the Vendor Warranty Manual detailing the warranties that are available to Buyer in respect of Vendor Parts.

• The Vendor shall not be in breach of any Vendor Warranty (and such Vendor Warranty shall not be deemed inaccurate) in respect of any facts, matters or circumstances which are Disclosed in this Disclosure Schedule.

More Definitions of Vendor Warranty

Vendor Warranty means a representation and warranty made by the Vendor to the Underwriter pursuant to clause 12.1, as set out in Schedule 2.

Vendor Warranty means any one of them. Reference to Recitals, Clauses, Schedules and Annexure, are references to recitals, clauses, schedules and annexure of or to this Agreement which shall form part of this Agreement and shall have the same force and effect as if expressly set out in the body of this Agreement and any reference to this Agreement shall include the Recitals, Clauses, Schedules and Annexure. In this Agreement, words importing the singular include the plural and vice versa, words importing one gender include every gender and references to a person include any public body and body corporate, unincorporated associations and partnership (whether or not having separate legal personality). The headings to the Clauses of this Agreement are for convenience only and shall not affect the construction in this Agreement. In this Agreement (save as otherwise expressly stated herein), references, express or implied, to any statutes or statutory provision or any rule or regulation (whether or not having the force of law) shall be construed as references to the same as respectively amended, varied, modified, consolidated or re-enacted from time to time (whether before or after the date of this Agreement) and to any subordinate legislation made under such statutory provision and reference to sections of consolidating legislation shall, wherever necessary or appropriate in the context, be construed as including references to the sections of the previous legislation from which the consolidating legislation has been prepared. For the purpose of this Agreement, the exchange rates of ▇▇▇ ▇ = USD 0.1566 and USD1 = HK$ 7.76 have been used.

Vendor Warranty means the warranty provided directly by a Vendor to Buyer in respect of a Vendor Part.