CUSTOMER REMEDIES Clause Samples
The 'Customer Remedies' clause defines the specific actions or compensations available to the customer if the supplier fails to meet its contractual obligations. Typically, this clause outlines the steps a customer can take, such as requesting repairs, replacements, refunds, or even terminating the agreement in cases of significant breach. By clearly specifying the remedies, this clause ensures that customers have a clear path to recourse, thereby protecting their interests and providing a structured way to address and resolve issues that may arise during the contract.
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CUSTOMER REMEDIES. 5.1. If the Supplier (a) fails to deliver the Goods and/or the Goods do not comply with any of the undertakings or warranties set out in clause 2 and/or (b) fails to deliver and/or perform the Services in accordance with any of the warranties or undertakings contained in clause 4 and/or by the applicable date(s), the Customer shall, without limiting or affecting other rights or remedies available to it, have one or more of the following rights to:
5.1.1. terminate the Agreement with immediate effect by giving written notice to the Supplier;
5.1.2. reject the Goods (in whole or in part) whether or not title has passed and to return them to the Supplier at the Supplier’s own risk and expense;
5.1.3. require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods;
5.1.4. require Supplier to re-perform, rectify or replace the affected Services and/or Deliverables;
5.1.5. refuse to accept any subsequent performance of the Services and/or delivery of the Goods which the Supplier attempts to make;
5.1.6. recover from the Supplier any costs incurred by the Customer in obtaining substitute goods and/or services from a third party;
5.1.7. require a refund from the Supplier of sums paid in advance for Services that the Supplier has not provided and/or Goods that it has not delivered; and
5.1.8. claim damages for any additional costs, loss or expenses incurred by the Customer which are in any way attributable to the Supplier’s breach.
5.2. Notwithstanding any other rights or remedies available to Customer if the Goods are not delivered by the applicable date, the Customer may, at its option, claim or deduct 3% of the price of the Goods for each week’s delay in delivery, up to a maximum of 15% of the total price of the Goods. In the event such delay continues for six (6) weeks or more, Customer may terminate the Agreement with immediate effect upon given Supplier written notice.
5.3. These Terms shall extend to any substituted or remedial services and/or repaired or replacement goods supplied by the Supplier.
5.4. The Customer’s rights under the Agreement are in addition to its rights and remedies implied by statute and common law.
CUSTOMER REMEDIES. ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇'s entire liability and your exclusive remedy shall be, at ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇'s option, either refund of the price paid for the defective Software, or repair or replacement of the defective Software, in each case upon return to ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ during the warranty period. You must return the defective Software product to ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ with a copy of your purchase receipt. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
CUSTOMER REMEDIES. Lidor Systems entire liability and your exclusive remedy shall be, at Lidor Systems option, either (a) return of the price paid or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet Lidor Systems Limited Warranty and which is returned to Lidor Systems with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
CUSTOMER REMEDIES. Investintech's and its suppliers' entire liability and Your exclusive remedy shall be, at Investintech's option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE PRODUCT or hardware that does not meet Investintech's Limited Warranty and which is returned to Investintech with a copy of Your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT or hardware has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT or hardware will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside Canada, neither these remedies nor any product support services offered by Investintech are available without proof of purchase from an authorized international source.
CUSTOMER REMEDIES. 7.1 If the Supplier fails to deliver the Goods by the applicable date or to perform the Services by the applicable date, or both, the Customer shall, without limiting or affecting other rights or remedies available to it, have any one or more of the following rights and remedies:
(a) to terminate the Contract with immediate effect by giving written notice to the Supplier;
(b) to refuse to accept any subsequent performance of the Services and/or delivery of the Goods which the Supplier attempts to make;
(c) to recover from the Supplier any costs incurred by the Customer in obtaining substitute goods and/or services from a third party;
(d) to require a refund from the Supplier of sums paid in advance for Services that the Supplier has not provided and/or Goods that it has not delivered; and
(e) to claim damages for any additional costs, loss or expenses incurred by the Customer which are in any way attributable to the Supplier's failure to meet such dates.
7.2 If the Supplier has delivered Goods that do not comply with the undertakings set out in clause 4.1, then, without limiting or affecting other rights or remedies available to it, the Customer shall have one or more of the following rights and remedies, whether or not it has accepted the Goods:
(a) to terminate the Contract with immediate effect by giving written notice to the Supplier;
(b) to reject the Goods (in whole or in part) whether or not title has passed and to return them to the Supplier at the Supplier's own risk and expense;
(c) to require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods (if paid);
(d) to refuse to accept any subsequent delivery of the Goods which the Supplier attempts to make;
(e) to recover from the Supplier any expenditure incurred by the Customer in obtaining substitute goods from a third party; and
(f) to claim damages for any additional costs, loss or expenses incurred by the Customer arising from the Supplier's failure to supply Goods in accordance with clause 4.1.
7.3 If the Supplier has supplied Services that do not comply with the requirements of clause 6.3(d) then, without limiting or affecting other rights or remedies available to it, the Customer shall have one or more of the following rights and remedies:
(a) to terminate the Contract with immediate effect by giving written notice to the Supplier;
(b) to return the Deliverables to the Supplier at the Supplier's own risk and expense;
(c) to requi...
CUSTOMER REMEDIES. DART and its suppliers’ entire liability and your exclusive remedy shall be, at DART’S option, either:
i. Return of the price paid.
ii. Repair or replacement of the PRODUCT that does not meet the LIMITED WARRANTY and which is returned to DART with a copy of LICENSEE’S receipt within the warranty period. This LIMITED WARRANTY is void if failure of the PRODUCT has resulted from accident, abuse, or misapplication. Outside the United States, neither these remedies nor any SUPPORT SERVICES offered by DART are available without proof of purchase from an authorized international source. APPLICABLE LAW, IN NO EVENT SHALL DART OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF DART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Required when SOFTWARE is used by DEVELOPED INTERFACES that exercise SOFTWARE through an application programming interface. LICENSEE may distribute SOFTWARE with both DEVELOPED INTERFACES and DEVELOPED APPLICATIONS. License is supplemental to the product ▇▇▇▇. LICENSEE is required to maintain software subscriptions for developers using the SOFTWARE. Typical usage scenarios: • distribution of DLLs that can be used by other software developers as a development tool • distribution of plug-in DLLs that can be used by existing 3rd-party application(s) • distribution of DLLs that provides a COM interface to VB6 applications • distribution of EXEs that exposes a class that accesses PRODUCT functionality
1. Initial Term. This license shall be in effect for one (1) year, commencing on the EFFECTIVE DATE.
CUSTOMER REMEDIES. ANYCHART’s and its suppliers’ entire liability and your exclusive remedy shall be, at ANYCHART’s option, either (a) return of the price paid, if any, or (b) repair or replacement of the Software that does not meet ANYCHART’s Limited Warranty and which is returned to ANYCHART with a copy of your receipt. This Limited Warranty is void if failure of the Software has resulted from accident, abuse or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, to be determined by whichever is longer.
CUSTOMER REMEDIES. When Licensee reports any problems with the Software, Vendor has the option to fix and send changes to Licensee in the timeframe decided by Vendor.
CUSTOMER REMEDIES. If the Supplier fails to deliver the Goods and/or perform the Services by the applicable date or in compliance with its obligations under this Contract, the Customer shall, in its sole discretion and without limiting any of its other rights or remedies, have one or more of the following rights:
CUSTOMER REMEDIES. If the Software or Services do not conform to the Limited Warranty above, Trend Micro’s entire liability and Your sole remedy shall be, at Trend Micro’s option, for Trend Micro to:
(a) use commercially reasonable efforts to correct the error in the Software; (b) help You work around or avoid the Software error; (c) refund You the cost of the Software; (d) re-perform the Services; or (e) refund any prepaid fees for Services after the date of breach of the Limited Warranty; provided that You notify Trend Micro of Your claim under the Limited Warranty within the warranty period.