Common use of Deliverable Items of Hardware Other Than The Satellite Clause in Contracts

Deliverable Items of Hardware Other Than The Satellite. A. Contractor warrants that each Deliverable Item of hardware other than the Satellite shall be manufactured in conformity with the Performance Specification applicable to such Deliverable Item (as may be waived pursuant to Article 11.6) and will be free from defects in materials and workmanship during the period commencing on the date of Acceptance of such Deliverable Item pursuant to Article 11 and ending on the first anniversary thereof. B. During the period specified in Article 15.1.2 (A) for any Deliverable Item of hardware other than the Satellite, any non-conformance or defect discovered in such Deliverable Item and notified to Contractor shall be remedied by Contractor at Contractor’s expense by repair or replacement of the defective component (at Contractor’s election). For any such Deliverable Item, Contractor shall determine if repair or replacement is required to be performed at Contractor’s plant. If required, Purchaser shall ship to Contractor’s designated facility any such Deliverable Item. Contractor shall be responsible for the cost of shipment (including transportation and transit insurance) to such facility in accordance with its standard commercial practice (including any taxes and/or duties) of any such Deliverable Item, and the cost of packing and return shipment (including transportation and transit insurance) in accordance with its standard commercial practice of any such Deliverable Item once repaired or replaced to Purchaser at the location designated in Article 3.1. Risk of loss for such Deliverable Item shall transfer to Contractor upon delivery of such Deliverable Item to the shipping carrier by Purchaser, and risk of loss shall transfer to Purchaser for any such Deliverable Item once repaired or replaced pursuant to this Article 15.1.2 (B) upon receipt thereof by Purchaser at the location designated therefor in Article 3. 1. If Contractor fails or is unable to repair or replace such non-conforming or defective component within a reasonable period of time after notification from Purchaser, Purchaser may, by contract or otherwise, repair or replace such non-conforming or defective component and Contractor shall be liable for the reasonable cost thereof.

Appears in 1 contract

Sources: Contract for Terrestar 1 (Terrestar Corp)

Deliverable Items of Hardware Other Than The Satellite. A. Contractor warrants that each Deliverable Item of hardware other than the Satellite shall be manufactured in conformity with the Performance Specification applicable to such Deliverable Item (as may be waived pursuant to Article 11.6) and will be free from defects in materials and workmanship during the period commencing on the date of Acceptance of such Deliverable Item pursuant to Article 11 and ending on the first anniversary thereofthereof (the “Warranty Period”). B. During the period specified in Article 15.1.2 (A) for any Deliverable Item of hardware other than the Satellite, any non-conformance or defect discovered in such Deliverable Item and notified to Contractor shall be remedied by Contractor at Contractor’s expense by repair or replacement of the defective component (at Contractor’s election). For any such Deliverable Item, Contractor shall determine if repair or replacement is required to be performed at Contractor’s plant. If required, Purchaser shall ship to Contractor’s designated facility any such Deliverable Item. Contractor shall be responsible for the cost of shipment (including transportation and transit insurance) to such facility in accordance with its standard commercial practice (including any taxes and/or duties) of any such Deliverable Item, and the cost of packing and return shipment (including transportation and transit insurance) in accordance with its standard commercial practice of any such Deliverable Item once repaired or replaced to Purchaser at the location designated in Article 3.1. Risk of loss for such Deliverable Item shall transfer to Contractor upon delivery of such Deliverable Item to the shipping carrier by Purchaser, and risk of loss shall transfer to Purchaser for any such Deliverable Item once repaired or replaced pursuant to this Article 15.1.2 (B) upon receipt thereof by Purchaser at the location designated therefor in Article 3. 13.1. If Contractor fails or is unable to repair or replace such non-conforming or defective component within a reasonable period of time after notification from Purchaser, Purchaser may, by contract or otherwise, repair or replace such non-conforming or defective component and Contractor shall be liable for the reasonable cost thereof.

Appears in 1 contract

Sources: Contract for Terrestar 2 (Terrestar Corp)